VIJAY SINGH Vs. KAMLA @ KALIA DEVI

JUDGEMENT

(1.) The counsel for the petitioner has submitted that in the present case, in favour of the petitioner-husband, a divorce decree was granted on the ground of desertion against the respondent wife. The counsel states that the respondent wife being deserter is not entitled to maintenance as per the provisions of section 125(4) Crimial P.C. In support of the above contention, reliance has been placed upon section 125(4) Cr.P.C. Section 125(4) Crimial P.C. reads as under:

(2.) The counsel for the petitioner has contended that wife due to acts of omission and commission on her part is dis-entitled to receive maintenance because of her conduct.

(3.) The argument advanced by the counsel for the petitioner is not tenable. The controversy raised is no longer res integra. In Rohtash Singh Vs. Smt Jtamendri & Ors. 2000(1) Apex Court Journal 454 (S.C.) : AIR 2000 SC 952 , considered this aspect and had rejected the contention that a wife divorced on the ground of desertion will not be entitled to maintenance under section 125 Crimial P.C., it will be apposite here to extensively quote from the above said judgment:-